Motion to enforce visitation terms

[earthman]

Ok

I am not well prepared as to rules of procedure and other essentials, so at Fridays Hearing I will just do my best, and asap after the hearing pursue the knowledge as you describe.

Looks like the starting point is becoming familiar with the rules of procedure. I will start at the Law Library at the court house to see if I can find these rules.

Thank you.

 

[earthman]

Do you have any correspondence from mom denying the visits or acknowledging denied visits?

Yes. I have email that acknowledges denying the visits.

 

[OhReally?]

Yes. I have email that acknowledges denying the visits.

There you go. While that does not give you a slam dunk (you would definitely have it if you showed up and she was not there), but it gives you something -- and shows the court her intent. You could always ask her to produce evidence she was at the location she was supposed to be. A clever attorney would be able to use that email against her to put HER in a corner & make this about her intent to go against a court order....and possibly have her come out and say "no...I wasn't there!"

 

[earthman]

stating her intent to deny visitation

My ex wife has made it clear in her statements that she feels completely justified restricting my children from visitation because they say they are uncomfortable in my house when my roommate is there. This even though I have repeatedly stated that I will be with them.
Is it true that she is hanging herself if she says this in front of the judge? I believe it would be possible for me to ask the questions that would elicit such a statement from her. For example, if I asked her about the reason for her decision to deny visitation, she would be eager to paint me a villan by describing her rationale and thereby confirm that she did deny visitation.

PS Today I go to pick up the children at the appointed time and location. I have emailed her my intention to so. I will carry the decree, cell phone, and police phone number. I also know the monitor that usually watches the parent pickup, and I will ask her to witness any resistance that may take place.

 

[proud_parent]

My ex wife has made it clear in her statements that she feels completely justified restricting my children from visitation because they say they are uncomfortable in my house when my roommate is there. This even though I have repeatedly stated that I will be with them.
Is it true that she is hanging herself if she says this in front of the judge?

Absolutely true. I've seen it happen. Mom got on the stand and her very first statements (she was representing herself pro se) were to the effect "The reason I told Dad that he could not exercise visitation as court ordered was..." Literally. She had spoken all of three sentences when the judge interrupted her and said he had heard all he needed to in order to rule on contempt and to impose sanctions -- unless Mom would be willing to agree to immediate mediation. Mom wisely chose mediation.

 

[earthman]

pros and cons of criminal prosecution for interference

I sent the email stating my intent to visit as per the decree. I went to my ex wifes door and my 15 yr old refused to come with me.

I called police when my daughter refused to go to my house with me. They came to her door and asked her and Mom. My 15 tr old and my ex wife both stated that they did not want my daughter to go to my house because I have a roomate that is a man. The cop asked me if I wanted to get a prosecutor assigned.

Seems like a bad deal for the kids if mom is convicted of interference, a form of domestic violence.

Seems like if I do not prosecute it may continue at the expense of the kids...and me.

Opinions?

 

[Zephyr]

call the police department this morning and see if the report of the call and what transpired is available yet.

 

[earthman]

Dissappointed in the judge's reaction to documentation of violations

call the police department this morning and see if the report of the call and what transpired is available yet.

the police department states the report will not be available for 72 hours.

I attended a hearing today where I presented 5 pages of visitation violations and the judge could not make a ruling. I had expected that she would be bound to enforce consequences of violating the decree upon my ex, and she did not. She promised to have it done in two weeks.

My ex wife stated her hope to move out of state in January subject to an offer for employment resulting from a second job interview on December 3.

I am toying with the concept of pressing criminal charges for visitation interference, and trying to weight the outcomes as the children are affected.

Monday I should be able to obtain a copy of the police report.

 

[TheGeekess]

the police department states the report will not be available for 72 hours.

I attended a hearing today where I presented 5 pages of visitation violations and the judge could not make a ruling. I had expected that she would be bound to enforce consequences of violating the decree upon my ex, and she did not. She promised to have it done in two weeks.

My ex wife stated her hope to move out of state in January subject to an offer for employment resulting from a second job interview on December 3.

I am toying with the concept of pressing criminal charges for visitation interference, and trying to weight the outcomes as the children are affected.

Monday I should be able to obtain a copy of the police report.

I don't know if this constitutes a notification to the court/Dad about moving away. OP, what does your paperwork say about the CP relocating? What kind of notice is she required to give you? If you don't want the children to move out of state, then you will need to file an objection to the children moving away.

 

[TheGeekess]

" B. If by written agreement or court order both parents are entitled to custody or parenting time and both parents reside in the state, at least sixty days' advance written notice shall be provided to the other parent before a parent may do either of the following:

1. Relocate the child outside the state.

2. Relocate the child more than one hundred miles within the state.

C. The notice required by this section shall be made by certified mail, return receipt requested, or pursuant to the Arizona rules of civil procedure. A parent who does not comply with the notification requirements of this subsection is subject to court sanction. The court may impose a sanction that will affect custody or parenting time only in accordance with the child's best interests.

D. Within thirty days after notice is made the nonmoving parent may petition the court to prevent relocation of the child. After expiration of this time any petition or other application to prevent relocation of the child may be granted only on a showing of good cause. This subsection does not prohibit a parent who is seeking to relocate the child from petitioning the court for a hearing, on notice to the other parent, to determine the appropriateness of a relocation that may adversely affect the other parent's custody or parenting time rights."
Format Document

 

[onebreath]

When you go to court, have specific requests to the court in order so you are prepared.

One request I would go for would be "the receiving party picks the child up". Think on that one if it works for your situation. That elimates game playing. When it is your time to start your visitation period, you pick up the child. If child is not released, then you call the police to make a record that you came to pick up the child and child not released.

 

[earthman]

Custodial Interference

Today I received the judge's Under Advisement Ruling that stated that ex wife was not found in contempt.

I plan to contact the County Attorney Office to seek prosecution for the 3 police reports that have been made when I went to pick up my children and was denied.

Suggestions taken are to bring the court (Family Law) specific recommendations about picking up my children and returning them; and to have specific actions to present to the court. The ex wife is deferring to the children's choice to go with me or not. At this time I am unclear as to how to make an argument for the parent (ex wife) to be responsible to decide rather than the children.

Our decree states that the ex can move to California and take the children. It makes no reference to giving notice or not giving notice 60 days in advance.

 

[LdiJ]

Today I received the judge's Under Advisement Ruling that stated that ex wife was not found in contempt.

I plan to contact the County Attorney Office to seek prosecution for the 3 police reports that have been made when I went to pick up my children and was denied.

Suggestions taken are to bring the court (Family Law) specific recommendations about picking up my children and returning them; and to have specific actions to present to the court. The ex wife is deferring to the children's choice to go with me or not. At this time I am unclear as to how to make an argument for the parent (ex wife) to be responsible to decide rather than the children.

Our decree states that the ex can move to California and take the children. It makes no reference to giving notice or not giving notice 60 days in advance.

I would strongly recommend that you consult an attorney before trying to prosecute mom. If the judge found her not to be in contempt, then its REALLY going to tick off the judge if you try to do an end run around him. That won't bode well for you in the future if you need to go back in front of the judge.

If your decree states that she can move the kids to CA, then she can move the kids to CA. She doesn't need to go through the notification proceedure because the decision has already been made.

How old are your children?

 

[earthman]

point taken. The judge did not have visibility to the police reports of my visits to the ex's house to pick up the children due to the timing of the reports and the date of the hearing.

the children are 15, 14, and 10.

It appears that the requirement for notice of moving has been satisfied by decree stating that she can relocate.

It may be time to kiss my children goodbye and accept the condition.

 

[LdiJ]

point taken. The judge did not have visibility to the police reports of my visits to the ex's house to pick up the children due to the timing of the reports and the date of the hearing.

the children are 15, 14, and 10.

It appears that the requirement for notice of moving has been satisfied by decree stating that she can relocate.

It may be time to kiss my children goodbye and accept the condition.

What reasons did the judge give for not holding mom in contempt?